JA Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL)

Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103

Frederick, MD 21703

Justification and Approval for Other than Full and Open Competition

6.302-5 -- Authorized or required by statute

1. Identification of the agency and the contracting activity.

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Strategic Acquisition Center (SAC) in Frederick Maryland, on behalf of the Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Office of Healthcare Innovation and Learning (OHIL).

2. Nature and/or description of the action being approved.

This activity proposes to negotiate a non-competitive, firm fixed price award (sole-source) with Magnum Opus, LLC. (MO STUDIO), a Service-Disabled Veteran-Owned Small Business (SDVOSB), for the development of a hybrid strategy that will improve Veteran lives through improved access to healthcare and health outcomes in an innovative capacity. In order to do this the contractor shall schedule meetings to discuss the plans, goals, and objectives as well as analyze and understand the Veterans Experience Office (VEO) community around the 39 innovation specialists across the VAMCs and the 6 VHA Innovation sites. Additionally, the contractor shall map existing outreach efforts and identify unmet needs, such as missing interactions or “moments” that are ripe for outreach or channels that could be further used.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

This research backed engagement strategy will improve Veteran lives through improved access to healthcare and health outcomes in an innovative capacity. Together, VHA Innovation Ecosystem (IE) and the VEO communities can offer Veterans and their caregivers the opportunity to participate in the co-creation of a more inclusive and welcoming VA.

The estimated value for this acquisition for $1,682,675.90 for a period of performance of twelve months.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.

§ 3304(a)(5) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302- 5 entitled, “Authorized or required by statute”. The applicable statute is Public Law 109- 461: “Veterans Benefits, Health Care, and Information Technology Act of

2006” specifically, the “Veterans First Contracting Program” outlined in 38 USC § 8127(c).

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

VAAR 819.7007 states explicitly, “A determination that only one SDVOSB can meet the requirement is not required,” and that using this authority, the following must be verified:

(1) The anticipated award price of the contract (including options) will not exceed $5 million: The estimated value is $1,682,675.90 and does not exceed $5M.

(2) The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR subpart 5.301(d): This Justification and Approval will be posted on SAM.gov.

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and MO Studio is a registered and verified SDVOSB with recent proven capabilities to perform the required services.

(4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government.

(5) The contracting officer has determined that the use of this authority is in the best interest of the government based upon the fact that MO Studio is an SDVOSB which has been identified for performing a similar service for VA at a fair and reasonable price and has the necessary working knowledge of VA systems, programs, and policies to provide the needed deliverables within the stringent timeline required.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

IAW VAAR § 819.7007, source awards to a service-disabled veteran-owned small business concerns (b), “The contracting officer’s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. A determination that only one SDVOSB concern is available to meet the requirement is not required.”

A notice will be publicized as required by Subpart 5.2.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

https://www.acquisition.gov/content/part-6-competition-requirements#i1119843 https://www.acquisition.gov/content/part-5-publicizing-contract-actions#i1120562

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. This determination will be based on a comparison of current contract pricing, past proposal submissions (if available), other information made available, and an Independent Government Cost Estimate (IGCE).

Additionally, contract award can be made at a fair and reasonable price that offers best value to the Government. The rates will be verified using the IGCE, current market conditions, historical pricing, and technical expertise. A fair and reasonable price determination will be made prior to award.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted, and MO Studio has been determined to be a responsible source with respect to performance. They are registered and verified in VetBiz.gov as a SDVOSB with the NAICS code 541611 for this requirement which in accordance with Public Law 109-461, Section 502(c) meets the requirements of this statute to allow a sole source to a SDVOSB. In addition, a review of their Representations and Certifications was conducted in the System for Award Management (SAM) and MO Studio represented that they are an SDVOSB.

In addition, the Federal Awardee Performance, and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for MO Studio that would indicate defective pricing, instances of contractor fault or recipient not-qualified, terminations for cause, default, material failure to comply, or non-responsibility of the contractor.

9. Any other facts supporting the use of other than full and open competition.

In accordance with Public Law 109-461, codified at 38 USC § 8127, in order to increase contracting opportunities for small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities, COs within VA are given specific statutory authority to award a contract to a small business concern owned and controlled by Veterans using procedures other than competitive procedures (i.e., a “sole source” contract). The Contracting Officer may do so in accordance with VAAR 819.7007.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

MO Studio We Work 2420 17th St, 3rd Floor Denver, CO 80202

David S. Digitally signed by David S. Rupert 112363

Rupert 112363 Date: 2021.09.23 10:04:25 -04'00'

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

All future requirements will be handled on a case-by-case basis. Toward the expiration of this contract, consideration will be given as to whether the future acquisition should be competitive.

12. Certifications / Signatures.

Technical Representative Certification:

I certify that the foregoing justification is complete and accurate to the best of my knowledge and belief.

9/23/21

Jason Rhodes Date Innovation Coordinator Office of Healthcare Innovation and Learning (OHIL)

Contracting Officer Certification:

Pursuant to (FAR 6.303-2(a)(12)), I certify that this justification is accurate and complete to the best of my knowledge and belief.

David Rupert Date Contracting Officer Strategic Acquisition Center- Frederick (SAC-F)

JASON

RHODES

Digitally signed by

JASON RHODES

Date: 2021.09.23 08:46:48 -05'00'